Litter Regulation

Litter Regulation, M.R. 92/88 R The Environment Act , C.C.S.M. c. E125 Regulation 92/88 R Registered January 29, 1988 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Prohibition against littering 3 Responsibility of property owner or person in control 4 Litter receptacles 5 Responsiblity of motor vehicle operator 6 Responsibility of proprietor of fast food restaurant etc. 7 Shopping carts 8 Coming into force Definitions 1(1) In this regulation, "animal" means any creature not human; (« animal ») "animal and agricultural wastes" means manure, crop residues and like materials from agricultural pursuits, stables, kennels, veterinary establishments and other such premises; (« déchets d'origine animale et agricole ») "ashes" means residue from the burning of wood, coal, coke and other like material for the purposes of cooking, heating buildings, and disposing of waste combustible materials; (« cendres ») "bulky wastes" means large items of refuse including appliances, furniture, large auto parts and large crates; (« déchets encombrants ») "construction and demolition wastes" means waste building materials and rubble resulting from construction, remodeling, repair, demolition, or fire in houses, commercial building, pavements and other structures; (« déchets de construction et de démolition ») "domestic animal wastes" means wastes from household pets including, but not limited to, excrement, used bedding, and the contents of litter boxes; (« déchets d'animaux domestiques ») "garbage" means animal and vegetable wastes, including food packaging material with residual food materials, resulting from the handling, preparation, cooking and serving of foods in households, institutions and commercial concerns and market wastes resulting from the handling, storage and selling of foods in wholesale and retail stores and markets; (« ordures ménagères ») "industrial refuse" means wastes arising from or incidental to manufacture, processing or like operations in factories, processing plants, industrial processes and manufacturing operations, and includes wastes such as putrescible garbage from food processing plants and slaughterhouses, condemned foods and products, cinders and ashes from power plants and large factories, and miscellaneous manufacturing wastes; (« résidus industriels ») "litter" means animal and agricultural wastes, domestic animal wastes, liquid and semi-liquid wastes, dead animals, ashes, garbage, construction and demolition wastes, industrial refuse, rubbish, solid wastes or refuse, motor vehicle parts, scrap metal, abandoned or unattended shopping carts and special wastes, including, but not limited to, street cleanings, containers, packages, bottles, cans or parts thereof, and any deserted or discarded articles, products or goods of manufacture; (« ordures ») "litter receptacle" means a container provided for the purpose of collecting litter; (« récipient à ordures ») "local authority having jurisdiction" means (a) a municipality as defined in The Municipal Act , (b) the City of Winnipeg, (c) a local government district incorporated under The Local Government District Act , (d) a local committee or community council established under The Northern Affairs Act , or (e) the minister charged by the Lieutenant Governor in Council with the administration of The Northern Affairs Act ; (« autorité locale compétente ») "motor vehicle" means a motor vehicle as defined in The Highway Traffic Act ; (« véhicule automobile ») "public place" means any area that is used or held out for use by the public; (« endroit public ») "rubbish" means combustibles, consisting of miscellaneous burnable materials such as paper, rags, cartons, boxes, wood excelsior, bedding, rubber, leather and plastics, non-combustibles consisting of miscellaneous materials that are not burnable, such as tin cans, metals, ceramics, metal foils and glass, and yard rubbish, consisting of prunings, grass clippings, weeds, leaves, general garden wastes and tree cuttings, exclusive of solid wastes otherwise classified herein; (« détritus ») "shopping cart" is any wagon, cart or device designed to be either drawn or propelled by means of human power and intended principally for the conveyance of produce or merchandise in and about retail stores; (« chariot de magasinage ») "solid wastes or refuse" means the useless, unwanted, or discarded solid materials resulting from normal community activities, including semi-liquid or wet wastes with insufficient moisture and other liquid content to be free flowing; (« déchets ou résidus solides ») "special wastes" means negotiable papers and like materials, and hazardous wastes, consisting of any waste that may present a hazard to collection or disposal personnel or others, and includes wastes of a pathological, explosive, highly flammable, radioactive or toxic nature, and like materials; (« déchets particuliers ») "street" means any public highway, lane, park, square, subway, bridge, wharf, thoroughfare or way, or any part thereof. (« rue ») 1(2) This regulation does not apply to practices which are in compliance with the provisions of The Environment Act and licences made thereunder, or The Dangerous Goods Handling and Transportation Act and regulations or orders made thereunder. Prohibition against littering 2 No person shall deposit or leave or cause or permit the depositing or leaving of litter upon any land, water or ice, unless (a) the property is designated, by the local authority having jurisdiction, as an area for the disposal of litter, and such litter is disposed of in accordance with the rules and regulations pertaining thereto; (b) the litter is placed into a litter receptacle; (c) the litter is deposited in a location designated for this purpose, by the local authority having jurisdiction, during special clean up days; (d) the depositing or leaving is the result of an emergency; or (e) the litter is placed for normal pick-up service by the local authority having jurisdiction for removal to a waste disposal ground. Responsibility of property owner or person in control 3(1) Every person owning or in control of real property shall ensure that no litter accumulates upon that property. 3(2) Every person owning or in control of real property shall ensure that no litter blows, or is otherwise carried, from that property onto a public place or other private property. Litter receptacles 4(1) The local authority having jurisdiction shall provide adequate litter receptacles in prominent and easily accessible locations in public places within its jurisdiction and shall be responsible for the servicing and maintenance of these receptacles. 4(2) Owners or tenants in lawful control of a public place shall provide litter receptacles in appropriate and easily accessible locations and shall be responsible for the servicing and maintenance of these receptacles. Responsiblity of motor vehicle operator 5 Every person operating a motor vehicle shall ensure that no load or part of a load on that vehicle blows or falls upon any road or adjacent property. Responsibility of proprietor of fast food restaurant etc. 6(1) The proprietor of any place (a) where food or drink is sold in cartons, containers or papers; and (b) in which business is carried on under such circumstances that cartons, containers or papers are discarded in the vicinity by patrons of the place; shall keep the premises and all public or private lands, streets, lanes or passageways within a distance of 100 yards from that premises free of all discarded cartons, containers, or papers by collecting and disposing of them at such times and in such manner as shall be satisfactory to the environment officer. 6(2) All discarded cartons, containers and papers, of a kind used in a business referred to in subsection (1) and found within 100 yards of that place of business shall be presumed to have been used for the sale of goods sold in that place, and to have been discarded by patrons thereof. Shopping carts 7 No person shall, in any public place, abandon a shopping cart or leave a shopping cart unattended. Coming into force 8 This regulation comes into force on the later of (a) the date The Environment Act c. 26 of The Statutes of Manitoba 1987-88 comes into force; or (b) the date this regulation is filed with the Registrar of Regulations.